Netinim

Yevamot (8:3) | Yehuda Gottlieb | 7 years ago

The third Mishnah in chapter eight of Masechet Yevamot discusses
various individuals that are invalid to marry into the Jewish people, or
more specifically, kehal Hashem. The Mishnah specifically
highlights the cases of a mamzerin and netinim1 as those that are
forbidden. With regard to Mamzerim there is a specific pasuk
(Devarim 23:3) that invalidates them. What is unclear, however, is
the source for the prohibition against Netinim.

The Gemara (Yevamot 79a) seems to imply that the source of this
prohibition was based on a decree and not assur from the Torah.
Yehoshua made the first decree and then David HaMelech made a
subsequent one. This however, is in contrast to the beginning of the
third perek of Makkot, where the Mishnah states that one is
chayav malkut for marrying a Netin. The Bartenura comments there
that the reason one is chayav is due to the prohibition of marrying
one from the seven Canaanite nations “lo titchaten bam” - “you shall
not marry them” (Devarim 7:3) - which implies that the prohibition is
assur m’do’oraysa.\
\
There are mefarshim who dispute the Bartenura’s opinion. They
explain that this prohibition of marrying the seven Canaanite nations
does not apply in the case of the Netinim. This is because the
prohibition only applies to those who remain idol worshippers. The
Netinim in fact, did convert and should be allowed to enter into the
Jewish people on a d’Oraysa level. Nevertheless, due to the decrees of
Yehoshua and then David HaMelech they remain forbidden rabbinically.

The Ritva however agrees with the Bartenura and states that the
Mishnah in Makkot teaches us that one receives lashes for a
relationship with Netinim because they are prohibited on a d’Oraysa
level. This is proven from the fact that the issur of marrying a
Netin is mentioned in the same Mishnah as other Torah prohibitions.
In fact, the Ritva continues by saying that this Mishnah proves that
Netinim are proper converts and once they have converted they have
“ishut”, which implies they are able to complete an effective
marriage, even though it is prohibited2. This is because the Mishnah
lists them with other relationships such as a widow for the Kohen
Gadol, or a divorcee for a regular kohen, whose marriages are
halachically effective even though they are forbidden on a d’Oraysa
level.

The question remains however with the Ritva in explaining the earlier
Gemara that states that Yehoshua and David HaMelech instituted the
decree against Netinim. How could the prohibition be De’Oraysa, as
the Ritva maintains, if the decree was instituted after the Torah was
given?

Rabbeinu Tamanswers that the prohibition against marrying Netinim
is covered by the pasuk in Devarim and the prohibition against them
is from the Torah. He explains that the gezeira made subsequently was
not on forbidding marriage, but rather as extending their period of
servitude to the Jewish people. Therefore, according to this opinion,
they were already forbidden to marry into the Jewish people from the
Torah - however the rabbinic decrees ensured that they would remain in a
position of servitude, as woodchoppers and water bearers for the Jewish
people.

1 The Netinim was a name given to the Givonites who converted
during the times of Yehoshua Bin Nun. This nation tricked Yehoshua
into accepting them as converts during the conquest of the Land of
Israel. They are referred to in the Mishnah as Netinin based on the
language of the pasuk in Yehoshua (9:27).